The Plight of Indigenous Land Defenders in Mexico, Costa Rica, New Zealand and the Philippines

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The Plight of Indigenous Land Defenders in Mexico, Costa Rica, New Zealand and the Philippines Fordham University Fordham Research Commons Student Theses 2015-Present Environmental Studies Spring 5-15-2021 Conservation and Murder: The Plight of Indigenous Land Defenders in Mexico, Costa Rica, New Zealand and the Philippines Jillian G. Kenny Follow this and additional works at: https://research.library.fordham.edu/environ_2015 Conservation and Murder: The Plight of Indigenous Land Defenders in Mexico, Costa Rica, New Zealand and the Philippines Jillian Kenny Kenny 2 Abstract. This thesis focuses on four countries: Mexico, Costa Rica, New Zealand and the Philippines, and focuses on the state of Indigenous land defender cases in each country. Each country has a different approach to granting free, prior, and informed consent to Indigenous communities in regard to environmental issues. Chapter 1 focuses on the issue of Indigenous land and environment defenders, explaining who they are and why they are activists within their communities. It also elucidates how Indigenous people are being treated within their countries and how reliance on ecosystem services leads to an environmental justice issue. Chapter 2 focuses on the historical exploitation of Indigenous peoples during colonialism and how each country’s history impacted Indigenous populations. Chapter 3 analyzes how the political framework impacts Indigenous peoples, and how rule of law in a nation can determine the fate of an Indigenous land defender. It also takes a look at international agreements within the UN and how NGOs play into the problems and solutions of Indigenous land and environmental defenders. Chapter 4 focuses on ecological feminism and Indigenous philosophy, analyzing the role of women within Indigenous communities and how they contribute to defending the environment. Chapter 5 looks at policies relating to Indigenous land and environmental defenders in each country and determines whether or not these four countries can learn from each other’s policies to better respect Indigenous peoples and the environment. Costa Rica and New Zealand, with stronger rule of law and stricter environmental protection, could provide models to Mexico and the Philippines, who struggle with Indigenous and environmental protection. Keywords: Indigenous rights, Indigenous resource management, Indigenous activists, environmental protests, land defenders, land protests, Indigenous environmental knowledge Kenny 3 Table of Contents Introduction: Noel Castillo Aguilar, An Indigenous Land Defender Profile Chapter 1. Indigenous Land Defender Killings Chapter 2. History of Oppression and Land Alteration Chapter 3 Indigenous Land Politics Chapter 4. Traditional Ecological Knowledge Chapter 5. Recommendations: What Can Countries Learn From Each Other? Bibliography Kenny 4 Introduction: Noel Castillo Aguilar, An Indigenous Land Defender Profile Noel Castillo Aguilar was a member of the Committee for the Defense of Indigenous Peoples, or Comité de Defensa de los Pueblos Indígenas (CODEDI). CODEDI’s work promotes the rights of Indigenous peoples in the state of Oaxaca, Mexico. These rights include self- determination, land, and autonomy. CODEDI focuses on protecting Indigenous peoples and land from mining and hydroelectric projects in Oaxaca state, since these are two types of energy projects most directly endangering the land and well-being of Indigenous peoples.1 CODEDI promotes human rights for fifty Indigenous groups across the state and has been working toward these goals for over 20 years.2 Noel Castillo Aguilar was killed for his work defending Indigenous rights on October 25, 2018. He was riding a taxi to his home when unknown men with firearms attacked him, hitting him over the head.3 Noel’s case is just one example of hundreds of murders that have occurred across the world, caused by an individual or collective desire to protect the environment or their native land. These people are referred to as land and environmental defenders. According to Global Witness, land and environmental defenders are “people who take a stand and peaceful action against the unjust, discriminatory, corrupt or damaging exploitation of natural resources or the environment.”4 These people witness an issue arise within their communities and they protest projects they believe put the livelihoods and well-being of their people at risk. Some issues that 1 “Mexico: Killing of Noel Castillo Aguilar,” Front Line Defenders, December 28, 2018, https://www.frontlinedefenders.org/en/case/killing-noel-castillo-aguilar. “CODEDI,” Front Line Defenders, November 13, 2019, https://www.frontlinedefenders.org/en/organization/codedi. 3 “Noel Castillo Aguilar,” HRD Memorial, accessed May 14, 2021, https://hrdmemorial.org/hrdrecord/noel-castillo- aguilar/. 4 “Defending Tomorrow: The Climate Crisis and Threats against Land and Environmental Defenders,” 3rd ed. (Global Witness, July 2020), 6. Kenny 5 land and environmental defenders fight against have been around for centuries and some have started within the past couple years; regardless of timeframe, violence often breaks out. In certain countries, the rule of law is stronger than in others. Deaths of defenders can fall to the wayside in countries with weak rule of law, leaving their deaths to never be investigated. Indigenous land defenders, more specifically, are people from Indigenous tribes who fight to protect their land from being destroyed by projects such as agriculture, buildings and developments, mining, logging, and dams. These defenders face significant opposition and threats when fighting for protection of their land. While the global sphere has paid attention to this issue in more recent years, this is not a new challenge for Indigenous people. They have experienced extreme opposition and oppression from non-Indigenous people since the time of colonization and continue to face similar opposition today. In this paper, I will explore a two-fold problem related to Indigenous land defenders. The first problem is that many Indigenous peoples have a significant amount of traditional knowledge about how to manage ecosystems in a sustainable way. Allowing them to use their skills and trusting them to manage their own resources is essential to solving the problem of environmental degradation. After a tragic history of the Western world undermining Indigenous culture, skills, and values, governments must step up and prioritize the rights of Indigenous peoples. Not only should Indigenous rights be respected, but their ideas and practices should be taken into account and incorporated into environmental best practices. There are many Indigenous communities who excel in resource management and sustainable agriculture. Valuing these skills and adopting their more sustainable methods may help contribute to solving the problem of mass environmental degradation. Kenny 6 The second component of the problem will explore why Indigenous defenders tend to be more vulnerable to violence, and I will explore possible solutions to this problem. There are many different types of Indigenous land defenders; every one of their situations and contexts is much different depending on the tribe, the region in which they are located, the rule of law within the country they reside, and the length and intensity of the conflict. In some countries, land defender deaths are investigated and prevented with high priority; in others, this is not the case. I will explore cases of four different Indigenous land defender cases in four different countries: two within Latin America (in Costa Rica and Mexico), and two within the South Pacific (in New Zealand and the Philippines). In each case, there are Indigenous people protesting for the right to their ancestral lands. In some cases, violence ensues. I will analyze the history of the Indigenous tribe and its relationship with its national government, as well as its local history and politics. I will then analyze the ethical implications of land development in each of these communities, which will clarify why the conflict is occurring and if the Indigenous community is treated fairly by its government. I will explore what went wrong in order for the death to occur and how it is handled by local and national government. Lastly, I will make policy recommendations about how to prevent Indigenous land defender deaths, as well as identify what governments have done either right or wrong to arrive at their current relationship with Indigenous groups. Chapter 1. Indigenous Land Defender Killings Indigenous communities tend to use ecosystem services in an efficient and effective manner, consuming without overconsuming. An ecosystem service is a component of the natural Kenny 7 ecosystem that provides some sort of resource or positive feature for humans to utilize. There are provisioning services, like food, water, and timber; regulating services, like weather patterns and cycles; cultural services, like aesthetic beauty; supporting services, like photosynthesis. These can be identified as services because, in a capitalist society, we view the components of Earth that benefit us as services, something that is serving us in our daily lives and humanly duties. Indigenous people, however, typically do not see the earth in this same way.5 While the Earth can provide a service, in the eyes of many Indigenous people, that service is something that must also be paid back. Therefore, if an Indigenous person kills an animal, they tend to be respectful to that service; they use every part of the animal, ensuring that no part of it is going to waste. Of course, no Indigenous
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